Factual Background
The dispute arose out of a series of commercial transactions between Ganesha Ecosphere Limited and Goodcore Spintex Private Limited. The applicant, engaged in the manufacture and supply of recycled polyester staple fibre, supplied goods to the respondent pursuant to various purchase orders. Following the supply of goods, the applicant raised several tax invoices containing terms and conditions governing the transactions.
One of the conditions printed on the invoices provided that any dispute arising between the parties would be compulsorily referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The goods supplied under these invoices were duly received and accepted by the respondent. The respondent also made part payments towards the outstanding dues but subsequently defaulted in clearing the remaining liability. Consequently, the applicant invoked arbitration and sought appointment of a sole arbitrator under Section 11 of the
